Historically, certification of a purchaser class has relied on a demonstration that class members were exposed to, relied on and were directly harmed by the alleged fraud or misrepresentation. Over time, however, approaches to class certification have evolved.

In a clear victory for food companies, the 7th Circuit emphatically rejected a consumer’s attempt to use state law to charge fraud in the nutrition labeling and marketing of cereal bars that she alleged contained an inferior form of fiber.